Document Sample
					                      PERFORMANCE BOOKING AGREEMENT

THIS BOOKING AGREEMENT (the “Agreement”) made upon this                day of                    in
the year           by and between Phlume Artist Management, (hereinafter “Manager”), whose address
is 6 Cutts Road #118, Kittery, Maine 03904, and
                         , Collectively known as the musical group                     (hereinafter
“Artist”) whose address is:

1. Appointment:
         Artist hereby appoints Manager as one of Artist’s Booking Managers throughout the world,
with respect to all Artist’s activities in the Entertainment Industry, and Manager hereby accepts such
engagement. In this capacity Manager shall work with nightclub owners, booking managers, and talent
buyers to contract performance agreements for Artist and set up single night appearances throughout the
United States.

2. Term:
         The term of this agreement is a perpetual negotiation which shall remain in effect until Artist
notifies Manager that the booking services are no longer required. Artist shall have the right to terminate
the agreement at anytime, provided that Artist delivers Manager a written notice within fourteen (14) days
of the date Manager’s duties are to cease. All engagements that are booked by Manager during an active
agreement shall be subject to commission pursuant article 3 regardless if agreement is active at the time
of the performance or not.

3. Manager’s Commission:
         As consideration for booking performances, Artist hereby agrees to pay Manager a commission
equal to the greater of $100 per month or ten percent (10%) of all Gross Compensation (8.a) income
which Artist (or any third party on Artist’s behalf or for Artist’s benefit) may hereafter receive or earn
during the term hereof from and in connection with Artist’s performance activities directly resulting from
engagements Manager has negotiated and/or contracted.

4. Scope:
         This Agreement shall not be construed to create a partnership between Artist and Manager, it
being understood that Manager shall render services hereunder as an independent contractor and may
render the same or similar services for others as well as to engage in other business activities, so long
as Manager continues to be active as a booking manager and such other activities do not interfere with
Manager’s ability to render services hereunder. It is also expressly understood that the agreement herein
stated does not cover the individuals in their solo careers. Separate agreements shall be entered into if the
individual artist(s) noted at the top of this Booking Agreement are to be represented in their solo career
by Manager. Artist also agrees that all new members either additions, or replacements, shall be bound into
this agreement with the terms stated herein, from the date of hire, under the existing clauses stated within
this agreement.

5. Expenses:
          It is anticipated that Manager may from time to time incur expenses on Artist’s behalf including,
but not limited to postal mailing, printing of press kits, fliers, letters of solicitation and packaging. If Manager
does incur such expenses which are substantiated by receipted vouchers or paid bills, Manager shall be
reimbursed therefor out of Artist’s Gross Compensation (8.a) after deduction of commissions due to
Manager pursuant to this Agreement. Manager shall obtain Artist’s express written approval prior to
incurring any such reimbursable expenses, provided, however that such approval shall not be required for
expenditures of less than $75.00 per transaction or $300.00 in the aggregate per month.

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6. Conflict of Interest:
          From time to time during the term of this Agreement, persons or entities owned and/or controlled,
directly or indirectly by Manager or Manager’s shareholders, officers, directors and employees, whether
acting alone or in association with others, may package entertainment programs or other presentations
in which the Artist is employed. Manager shall not be entitled to commissions hereunder based on Artist’s
Gross Compensation (8.a) by reason of the foregoing or under other agreements pursuant to which
Artist is employed by Manager, or an entity affiliated with Manager; and Manager shall not be entitled
to Commission from Artist in connection with any gross income derived by Artist from the sale, license
or grant of any literary or musical rights to manager or any firm or corporation owned or controlled
by Manager. Such relationships shall not be deemed to be a breach of this agreement or of any fiduciary
obligations of Manager to Artist, and shall not in any way affect Manager’s right to commissions hereunder
in all other instances. Manager shall fully disclose to Artist the relationship of all parties in any such

7. Conditions:
         As Artist may be booked in venues that have yet to be visited by Manager, Manager requests a
“feedback report” on the venue to be done after every performance within 48 hours of the show. The
report shall be submitted by way of e-mail or phone conversation by one of the Artist’s members as listed
at the top of this contract. Report on the performance shall include:
         * Total guests at the performance
         * Total gross income from the performance
         * Payouts to employees such as sound, door, hired musicians, and such
         * The total capacity of the venue
         * Quality of the sound and or lights
         * Overall feeling of the venue (good, bad, “hole”)
         * Professionalism of the staff.

The report will be used to note which venues are worthy of future bookings as well as report back to
Manager total income resulting from the performance. Any additional information about the venue such as
location in town, nearest hotels, restaurants and stores will be helpful, however not needed. In lieu of the
48 hour contact requirement, Manager shall provide a worksheet for the Artist detailing all information
requested and the worksheet may be held and submitted at the end of the month, provided that the
worksheet is mailed with full payment within 30 (thirty) days of the first scheduled performance on the

8. Definitions:
          As used in this Agreement, the term “Gross Compensation” shall mean all forms of income or
consideration paid to Artist by reason of Artist’s performance activities in the Entertainment Industry
pursuant to contracts, engagements and commitments entered into or negotiated by Manager during the
term of this agreement. It is expressly defined that Gross compensation shall be the total amount earned
by the band for the engagement and does not take into consideration fees for the engagement such as
travel, lodging, opening bands, bar staff Engineers or equipment rental. All expenses shall be paid out post
Management commission.

9. Notices:
         All notices, requests, demands and other communications under this agreement shall be in
writing and shall be deemed to have been duly given if either delivered personally or sent by certified
or registered mail, return receipt requested, with postage prepaid, to each party at its address indicated
above or to such other address as any party may hereafter notify the other parties in like manner.

10. Artist’s Warranties:
         Artist warrants and represents that Artist:
                  (a) has full right power and authority to enter into this Agreement;
                  (b) is under no obligation or disability or prohibition which might prevent Artist from
                  performing his obligations hereunder.

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11. Indemnity
         (a) Artist agrees to indemnify Manager and hold Manager harmless from and against any liability,
loss, damage, cost or expense including reasonable legal fees paid or incurred by Artist by reason of any
breach or threatened breach by Artist or failure of the covenants, representations or warranties contained
herein or in said agreement.
         (b) Manager agrees to indemnify Artist and hold Artist harmless from and against any liability,
loss, damage, cost or expense including reasonable legal fees paid or incurred by Manager by reason of
any breach or threatened breach by Manager or failure of the covenants, representations or warranties
contained herein or in said agreement.

12. Governing Law:
          This Agreement shall be enforced by the Governing law of the State of Maine. Any controversy,
claim or dispute not settled during the mediation process or the arbitration process shall be settled within
a court of law based within the Governing State of Maine. All disputes settled within the court of law shall
be deemed binding to the fullest extent of the law. Neither party shall be able recoup attorney fees, court
fees, or legal fees within the Maine Court System.

13 Entire Agreement:
          This Agreement contains the entire agreement between the parties and supersedes any and
all previous agreements, written or oral, between the parties relating to the subject matter hereof. No
amendment of the terms of this agreement shall be binding unless reduced to writing and signed by Artist
and Manager.

IN WITNESS WHEREOF, the parties have entered into this Agreement on as of the date first
above written.



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Sergio Fernandes Sergio Fernandes